Violations of private law

Civil law transgressions

Nature

Any law concerning a society's internal affairs that is not concerned with crime, that is, with grievous offences by an individual against the moral standards of society - and therefore an offence against the state - will probably come into the area of law governing private controversies between persons, or organizations construed as legal entities. Trials in these cases are held in civil as opposed to criminal courts. Offences include those applying to contracts between parties, as for example, breach of contract; acts of negligence which result in personal injuries or property damages; and intentional performances of acts resulting in injuries or damage. Intentional and negligent acts come under the heading of tort law. Examples of offences or torts are: battery or physical contact with another without his consent; slander; libel; false arrest; and malicious prosecution. Another kind of tort is the unreasonable use of one individual's property to the detriment of others, such as creating a nuisance. The violations of contract, tort and other private law, particularly those applying to marriage, clog the civil judicial system in many countries. Present trends in offences seem to indicate either a lessening of moral standards, or a change in standards which makes some civil laws obsolete.

Background

Violations of private law have drawn increasing global attention since the expansion of international commerce and cross-border interactions in the 19th century, when inconsistencies in contract enforcement and property rights became evident. Landmark cases and the proliferation of multinational enterprises in the 20th century highlighted the complexities and frequency of such violations, prompting international bodies and legal scholars to scrutinize the adequacy of existing frameworks and advocate for harmonized legal standards to address these persistent challenges.

Incidence

Violations of private law, encompassing breaches of contracts, property disputes, and infringements of personal rights, occur on a significant scale globally, affecting individuals, businesses, and institutions. The incidence is particularly high in regions with weak legal enforcement, leading to substantial financial losses, erosion of trust, and social instability. Cross-border transactions and digital interactions have further increased the complexity and frequency of such violations, making them a persistent challenge in both developed and developing countries.
In 2023, a major private law violation occurred in India when a real estate developer failed to deliver over 1,000 residential units as contractually agreed, prompting widespread litigation and public protests in New Delhi.

Claim

Violations of private law are a grave and pressing problem that threaten the very foundation of trust and fairness in society. When individuals or organizations disregard private legal rights, they undermine justice, erode personal security, and destabilize economic relationships. Such violations cannot be tolerated, as they breed inequality and chaos. Addressing and preventing breaches of private law is essential to uphold the rule of law and protect the rights and dignity of every individual.

Counter-claim

Violations of private law are vastly overblown as a societal concern. These are personal disputes—contracts, property, or family matters—that rarely impact the broader public. Unlike criminal offenses, they don’t threaten public safety or order. Courts and existing legal mechanisms already handle such issues efficiently. Elevating private law violations to a major problem distracts from truly pressing matters like crime, poverty, and public health. Frankly, it’s simply not an important problem.